Iowa Admin. Code r. 281-41.202 - Use of amounts
(1)
General. Amounts provided to the AEA or LEA under Part B of
the Act must be:
a. Expended in accordance
with the applicable provisions of Part B of the Act and this chapter;
b. Used only to pay the excess costs of
providing special education and related services to children with disabilities,
consistent with subrule 41.202(2); and
c. Used to supplement state, local, and other
federal funds, and not to supplant those funds.
(2)
Excess cost requirement.
a.
General.
(1) The excess cost requirement prevents an
AEA or LEA from using funds provided under Part B of the Act to pay for all of
the costs directly attributable to the education of a child with a disability,
subject to subparagraph 41.202(2)"a"(2).
(2) The excess cost requirement does not
prevent an AEA or LEA from using Part B funds to pay for all of the costs
directly attributable to the education of a child with a disability aged 3 to 5
or 18 to 20 if no local or state funds are available for nondisabled children
of these ages. However, the AEA or LEA must comply with the nonsupplanting and
other requirements of Part B of the Act and of this chapter in providing the
education and services for these children.
b.
Meeting excess cost
requirement.
(1) An AEA or LEA meets
the excess cost requirement if it has spent at least a minimum average amount
for the education of its children with disabilities before funds under Part B
of the Act are used.
(2) The amount
described in subparagraph 41.202(2)"b"(1) is determined in
accordance with the definition of excess costs in rule 281-41.16 (256B, 34CFR300
). That amount may not include capital outlay or debt
service.
c.
Joint
establishment of eligibility. If two or more AEAs or LEAs jointly
establish eligibility in accordance with rule
281-41.223 (256B, 34CFR300 ), the
minimum average amount is the average of the combined minimum average amounts
determined in accordance with the definition of excess costs in rule
281-41.16 (256B, 34CFR300) in those agencies for elementary or secondary school
students, as the case may be.
Notes
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